Daily Yellowstone journal., 1887-06-15
Wednesday, June IS, 1857.
GRAND JURY AND THE FENCES.

JUhh AND HnE rENScs
The subject Of the illegal fencing Of
the public domain was before the dis
trict court In this city last week.
Judge Maginnis brought the matter
up In . special charge to the grand
jury on Thursday last, In which he
stated, among other things: ut has
been brought to my attention that In
this district there 10 an open notorious,
fragrant and continuous violation of
the law of the land A violation so
fragrant that IL has been deemed nee.
csssary by the authorities whose duty
Il Ii to ~ that the laws are enforced,
to call upon the military arm Of the
government TO enforce them. Such Q
state o: affairs is ~disgraceful In the ex-
treme. II is . disgrace upon the repu-
tation OF the country. It Is
in your power to show-what I hon.
estly aud sincerely believe to be the
fact-that the people Of this district
are willing and able to deal with any
and all violations of the law, aud
whatever may be your private opin-
ions as to the advisability Oh legality
Of the law, you are prepared to do
what you have sworn to do, that is to
investigate as to whether such law has
been violated; and II you find II has,
bring an indictment against the per.
son violating It,"
He also quoted the congressional
act Of February 25, 1886, as follows:
All enclosures Of any public lands
in any state or territory Of the United
States heretofore or to be hereafter
made, erected or constructed by any
person. party or association or corpor-
alton, to any of which land included
within the enclosure the person party,
association or corporation making or
controlling the enclosure had no claim
or color Of title made or acquired In
good faith, or an asserted right thereto
BY or under claim made In good faith
with q view to entry thereof at
the proper land Office under the
general laws Of the United States at
the time any such enclosure was or
shall be made, are hereby declared un-
lawful, and the maintenance, erection,
construction or control of any such
enclosure Is hereby forbidden and pro-
hibited, and the assertion of a right to
the exclusive uae and occupancy Of
any part of the public lands Of
the United States Ia any state
or any OF 1.-THE territories Of the United
States without q claim, color Of title
or asserted rights as above specified as
TO enclosure. is likewise declared un-
lawful and hereby prohibited. That
no person by force, threat, intimida-
ton or by any fencing or enclosing or
any other unlawful means, shall pre-
vent or o~bstruct, or shall combine or
confederate with others to prevent or
obstruct any person from peaceably
entering upon or establishing a settle
ment or residence on any tract of pub
lie land subject to settlement or entry
under the public land laws of the
United States, or shall prevent or OBJ
struct free passage or transit through
the public lands.
In closing his charge Judge Magin.
mis- said: Common repo IT has it that
this law Is openly and VIGOROUSLY vio-
lated. It seems hardly necessary to
explain to you what this law means.
The language 10 plain. The enclosing
of public lands ls forbidden under any
circumstances; and as far as you are
concerned there cannot be a shadow of
a~question % to your duty. II you find
that any individual has in fsct fenced
or enclosed public lands, lands belong.
ing 10 the United States, then 1t be-
comes your imperative, your sworn
duty TO bring In an indictment.-N.
w. L. s. Journal.